Inventors often want to know if their employer owns their invention. If the employee has an employment agreement that requires the employee to assign all rights in any inventions related to their employment to their employer, then the answer is usually fairly straightforward and simple.
There are also certain circumstances where an employer may have rights to an invention of an employee even without an employment agreement. For example, if an employer is “hired to invent” (such as a software architect might be hired to develop new software), or the employee uses the employer’s time and other resources to develop the invention (such as using the employer’s computer to write that software code). An employer may also have a “shop right” in an employee’s invention, which gives the employer a right to use the employees invention if the invention is so closely related to the employer’s line of business.
You also need to be careful of not competing with your employer, and if you are moonlighting – not letting it interfere with your ability to work for your employer.
This is all very general information, because it depends on the specific facts and circumstances of the invention, and the employer-employee relation. Ownership rights may also be governed in part by state law, which varies from state to state. But it is wise to check if there are any agreements with the employer, and what those agreements say.
And regardless of whether there is an invention agreement, employees should not do any personal inventing during the time an employee is being paid to work for the employer. It is also wise not to use an employer’s resources, or compete with an employer.
Inventors should always tell their patent attorney right away whether there may be any potential ownership issues related to their invention. It is better to sort out these issues early on.
